Hazardous Waste

Where is the 2018 Definition of Solid Waste Rule in Effect?

EPA encourages states to develop and run their own hazardous waste programs as an alternative to direct EPA management. The 2018 Definition of Solid Waste (DSW) rule went into effect immediately in states, territories, and tribes that are not Resource Conservation and Recovery Act (RCRA)-authorized, including Iowa and Alaska.

However, the three solid waste exclusions that were added to 40 CFR section 261.4(a), namely the generator-controlled exclusion (40 CFR section 261.4(a)(23)), the revised transfer-based exclusion (40 CFR sections 261.4(a)(24) and (25))and the remanufacturing exclusion (40 CFR section 261.4(a)(27)) are optional because those provisions are less stringent than the previous regulations under RCRA.

In addition, and noted in the map below, several states have adopted a 2015 version of the DSW rule that includes the exclusion currently found at 40 CFR sections 261.4(a)(24) and (25). Because these 2015 DSW exclusions are more stringent than their 2018 counterparts, these states do not need to revise their programs, although EPA encourages them to do so.